Legal Opinion

Monte v. Cypress Bend Condominium VII Ass'n

District Court of Appeal of Florida

Decided January 25, 2012No. 4D10-5128Published

1Opinion of the CourtDamoorgian, J.

Frank M. Monte, III, timely appeals the trial court’s final judgment of foreclosure on the grounds that he was never served with process. Monte never obtained a ruling from the trial court on his claim that service was improper. See Johnston v. Hudlett, 32 So.3d 700, 705 (Fla. 4th DCA 2010). Absent a ruling from the trial court and accompanying record evidence to support Monte’s contention, this Court has no ability to review Monte’s claim. Accordingly, we affirm the final judgment without prejudice for Monte to seek to set aside the final judgment. See H & F Tires, L.P. v. D. Gladis Co., 981…

2Cases cited3 opinions

  1. ML Builders, Inc. v. Reserve Developers, LLPDistrict Court of Appeal of Florida · 2000
  2. Johnston v. HUDLETTDistrict Court of Appeal of Florida · 2010
  3. H & F TIRES, LP v. D. Gladis Co., Inc.District Court of Appeal of Florida · 2008

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